TERMS OF COOPERATION

Artistic Internet Gallery

ArtiGravity

§1
The scope of the subject

1. These regulations specify the terms of using the website – ArtiGravity Art Gallery as part of cooperation agreements between the Gallery and the Artists.
2. Details of cooperation not covered by these regulations are each time regulated in the contract between the Artist and the Service Provider. Information and details regarding cooperation, account maintenance and technical issues are included on the How to Sell page.
3. The provisions of the regulations constitute an integral part of the concluded agreements.

§2
Glossary

Expressions used in these Regulations mean:

1. User – each person using the Gallery’s resources and making purchases of Works offered as part of the website;
2. Artist (also known as the Seller) – a person who publishes Works through the Gallery and offers them for sale to Users;
3. Artist’s Account – an individual account of the Artist in the electronic system, maintained and managed by the Service Provider;
4. Registration – a process consisting in collecting data about the Artist necessary to create an Account and assigning a login and password to allow the Artist to use the Account;
5. Login – the process of obtaining access to the Account by the Artist;
6. Work – Artwork, work offered by the Artist for sale through the Gallery;
7. Gallery – a website maintained by the Service Provider via the website http://www.artigravity.pl, allowing Users to purchase the work of Sellers on the terms of intermediation;
8. Service Provider – Agnieszka Prymon STUDIO, NIP 8961463277, REGON: 367672212, Kłodzka street 38/1, 50-536 Wrocław;
9. Partners – individuals, entities and companies participating in the Partnership Program;
10. Affiliate Program – an activity aimed at promoting and deriving mutual benefits resulting from cooperation between a Partner and the Service Provider specified in detail in the Partners Program Rules.

§3
Services offered as part of the Gallery, rights, obligations and liability of the Service Provider

1. The Service Provider makes available to the Artists the possibility of using the virtual exhibition space, presenting in it the Works and offering the Works for sale to the Users of the Gallery.
2. The Service Provider has the right to suspend or refuse the possibility of making the Work available in the Gallery.
3. The Service Provider operates on the basis of association of the User with the Artist. The gallery is not a party to the sales contract that connects the User and the Artist.
4. The Service Provider, as an entity that is not a party to the sales contract, is not liable under the warranty or non-performance or improper performance of obligations under the concluded sales contracts.
5. The gallery through the contact form allows contact between the User and the Artist at the stage of purchase of Work as well as the subsequent stage of preparation and dispatch of the Work.
6. The Service Provider ensures that it will make every effort to ensure the continuity of the website. The service provider has the right to temporarily suspend or restrict the operation of the service, if it is required by technical reasons. The Service Provider will make every effort to ensure that the maintenance activities undertaken to maintain or restore the full functionality of the website are carried out without unnecessary delay.
7. The Service Provider is not responsible for interruptions in the functioning of the Gallery caused by force majeure or harmful activities of third parties.
8. Account registration and presentation of Works in the virtual exhibition space of the Gallery are free of charge. The Service Provider collects a commission on sold Jobs on the terms specified in §6.

§4
Copyright

1. The gallery works with respect for copyrights resulting in particular from the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2017.880).
2. Artists are required to offer exclusively Works through the Gallery, to which they are entitled to appropriate copyright and have permission to publicize the image of third parties when appearing in their Works.
3. In case of doubt, the Service Provider may oblige the Artist to prove the right to use the Work.
4. A finding of infringement by the Artist of copyrights enjoyed by a third party may constitute the basis for termination of the contract and for temporary or total termination of cooperation with the Artist.
5. The right of the Gallery to use the Works offered by the Artist and the scope of use shall be defined in each separate agreement with the Artist.

§5
Account registration and logging in

1. In order to present and offer Works through the Gallery, it is necessary to create and register an Artist Account by the Service Provider.
2. The Artist’s access to the created account is possible after positive verification by the Service Provider.
3. Verification is based on the application form available at https://artigravity.pl/en/join-us/ page and aims to ensure the high artistic level of the works offered in the exhibition space of the Gallery. Good quality works are accepted, matching the character to the Gallery, having the right presentation.
4. The application should contain the name and surname, e-mail address and presentation of the Artist’s Works.
5. The artist should send at least 3 of his works in the application form. This does not exclude the possibility of including additional descriptions or links to pages on which the artist’s work is presented.
6. The artist is informed by email about the acceptance to the group of Sellers. Then he will have access to his Artist account and an individual Cooperation Agreement.
7. After gaining access to the Account, the Artist sets the individual login password, while the login is an e-mail or name and surname given in the application form.
8. Supplementing the data on the Artist’s Account and accepting the terms of the Regulations, the Regulations for Cooperation and the Agreement is tantamount to concluding an Agreement with the Service Provider and starting cooperation with the Gallery.
9. The data displayed in the profile and the Artist’s account should be updated. Data updates should be made by changing the relevant data on the Account.
10. Adding, editing and processing of Works offered through the Gallery takes place only after logging into the Account.

§6
Prices and payments

1. The artist sets the price of Work at his own discretion.
2. If the Artist exhibits a given Work also in other galleries – the price of work should not be higher than in other sales websites (according to the knowledge of the Artist).
3. It should be borne in mind that the Gallery commission is deducted from the price specified by the Artist, the amount of which is set out in a separate agreement.
4. The price set by the Artist will be visible on the Gallery’s pages.
5. All prices of the Works offered through the Gallery are expressed in Polish zlotys. The prices given in the Gallery are gross prices including the due tax on goods and services.
6. By purchasing the Work offered through the Gallery, the User makes a payment for the Work and for any shipping costs to the Service Provider’s account.
7. The Service Provider immediately informs the Artist, after posting the amount due on the account, about the order and the need to prepare the shipment.
8. Payment for the purchased and shipped Works together with the incurred costs of the shipment, after deduction of the commission due to the Gallery, takes place on the bank account indicated by the Artist in the Artist’s account. After sending the order, the Seller must immediately enter the number and date of sending the parcel in the appropriate place on the Artist’s Account. Only then the order gains the completed status and passes to the Seller’s receivables.
9. The Service Provider settles the receivables due to the Artists on a monthly basis and transfers the funds with a bulk transfer. Settlement rules different from those set out in these regulations may be determined in an individual contract with the Artist and in such case shall take precedence over the provisions of the regulations.
10. The artist can keep track of settlements related to the sale on his account in the artist’s panel.

§7
Ways of cooperation with the Gallery

1. The artist has a choice of two ways of cooperating with the Gallery (in case he offers printouts of his works for sale):
   a) BASIC – The artist deals with printing, binding and shipping himself (the rules of conduct contained in this Regulations of Cooperation concern the method of cooperation)
   b) EXTENDED – Artigravity mediates in print, eventual binding and dispatch of works (a detailed description of this method can be found in a separate Cooperation Agreement concluded with the Artist).

§8
Shipping Works

1. Artists themselves choose the way or shipping methods they will offer. Gallery allows you to choose from the following shipping methods: Polish Post, InPost parcel machines, any courier of your choice and “Free shipping”.
2. Shipment prices are determined by the artists themselves, depending on the shipping method and the weight and dimensions of the Work, they should be based on market prices.
3. Immediately after receiving from the Service Provider information on the impact of payment for Work and for any shipping costs and receipt from the User who made the purchase, any additional parameters (dimensions, print specifications, etc.) Artist should prepare the Work for shipment.
4. The shipment should take place no later than 7 days after the Artist has received the complete information set out in paragraph 1.
5. In the event that, due to unexpected circumstances or the nature of the Work, the deadline for shipment was to be extended, the Artist is obliged to immediately inform the User and the Gallery about this fact.
6. The method of delivery depends on the choice made by the User who purchased the Work.
7. The artist is obliged to prepare the parcel taking into account the nature and characteristics of the work, exercising due diligence to avoid damage or loss of shipment, bearing in mind above all the guarantee of receipt by the User of work in undamaged condition and consistent with the description made available in the Gallery.
8. The Artist is obliged to immediately notify the Service Provider, in the appropriate place in the Artist’s account, about the date, type of parcel and the number of the shipment. Only Works, the shipment of which has been confirmed, will form the basis for calculating the remuneration due to the Artist.

§9
„Vacation”

1. An artist offering Works via the Gallery has the right to submit a period, hereinafter referred to as a vacation, during which his activities within the site will be limited in accordance with the rules set out in this paragraph.
2. During the period covered by the vacation, the Artist retains the right to present, offer and sell Works through the Gallery.
3. The dates of dispatch of Works purchased by Users are suspended – during the period covered by the vacation the Artist is not obliged to send sold Works
4. Information on the use of the vacation by the Artist is always disclosed by the Service Provider in the Gallery.
5. The Artist is obliged to send the Service Provider information not later than 2 days before the vacation begins.
6. Vacation referred to in this paragraph is not a leave within the meaning of the provisions of the Labor Code.

§10
Processing of personal data and privacy policy

1. All personal data collected in the framework of the Gallery are processed by the Service Provider respecting the rights of data subjects and in accordance with applicable law, in particular the provisions of the Act of 29 August 1997 on the protection of personal data (Journal of Laws 2016.922.)
2. According to art. 23 sec. 1 point 1 of the Act on the Protection of Personal Data, personal data may be processed with the consent of the person concerned.
3. Providing personal data and consenting to their processing by the Service Provider is voluntary. The lack of providing personal data to the extent necessary to register an Account may, however, prevent the use of the Gallery.
4. According to art. 23 sec. 1 point 3 of the Act on Personal Data Protection, personal data may be processed without the consent of the data subject, if it is necessary to perform the contract, if the data subject is its party or if it is necessary to take action before the conclusion of the contract at the request of the data subject.
5. According to art. 23 sec. 1 point 4 of the Act, it is allowed to process personal data without the consent of the person concerned, if it is necessary to fulfill the right or fulfill the obligation under the law.
6. Each person whose personal data is processed has the right to control the processing of personal data that pertains to him, in particular by receiving information about the scope and purposes of processing personal data, requesting their correction, updating, supplementing or deletion. A request to delete personal data may prevent the order from being processed correctly.
7. Personal data may be made available to authorized entities only under the applicable law without the consent of the data subject.
8. The artists are obliged to exercise the utmost diligence in order to secure the personal data of Users made available to them in order to fulfill the order.
9. The Administrator of Personal Data processed in connection with the functioning of Galeria ArtiGravity is Agnieszka Prymon STUDIO, NIP 8961463277, REGON: 367672212, Balzaka 4a / 2, 52-437 Wrocław.

§11
Consumer’s rights – warranty, withdrawal from the contract (returns)

1. All statements and claims of Users, including warranty claims, are directed directly to the Artists. The Service Provider is not a party to the sales contract concluded through the Gallery.
2. Artists should respect the obligations arising from generally applicable laws and bear responsibility under the warranty under the terms of the Act of 23 April 1964 Civil Code (Journal of Laws 2017.459) and Consumer Rights (Act of 30 May 2014 on the rights of consumer) with particular emphasis on matters contained in this paragraph.
3. A consumer is a person who performs a legal action with an contractor not directly related to his business or professional activity.
4. A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring costs, with the exception of shipping costs higher than the cheapest method of delivery of the parcel offered by the Seller.
   The Buyer who is not a Consumer (natural person), only an Entrepreneur (eg a company running a business), is not entitled to withdraw from the contract by law.

5. In the event of withdrawal from the contract in the manner provided for in the preceding paragraph, the User shall bear the direct cost of returning the item. In the case of a refund made in a manner other than personal delivery, the Work must be sent to a registered item.
6. The period for withdrawal of the contract described in paragraph 4 shall run from the moment the transferred work is taken over by the consumer or a third party designated by him, other than the carrier.
7. The right to withdraw from the contract is not payable if the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specification or serving to satisfy his individual needs.
8. The entrepreneur is obliged to immediately, no later than within 14 days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivering the goods. The reimbursement shall be made using the same method of payment as that used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement which does not entail any costs for him. If the entrepreneur has not offered to pick up the item from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the goods back or the consumer provides proof of sending back the goods, whichever occurs first.
9. The consumer is obliged to return the item to the entrepreneur or hand it over to the person authorized by the entrepreneur immediately, but not later than 14 days from the day on which he withdrawn from the contract, unless the entrepreneur suggested that he would pick up the item himself. To meet the deadline, all you have to do is return the item before its expiry.
10. If the sold item has a defect, the buyer may submit a statement of price reduction or withdrawal from the contract, unless the seller immediately and without excessive inconvenience to the buyer replace the defective product with a defect-free one or remove the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or the seller has not satisfied the obligation to exchange the item for one free from defects or to remove the defect.
11. If the buyer is a consumer, instead of the defect proposed by the seller, request replacement of the item for free from defects, or instead of replacing things, demand removal of the defect, unless bringing things to compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the way proposed by the seller. When assessing the excess of costs, the value of the item free of defects is taken into account, the type and significance of the defect found, and the inconvenience to which the buyer would otherwise expose the buyer to the account.
12. Artists exclude liability under warranty for entities that are not consumers.
13. The Service Provider will make every effort to resolve any disputes between Users and Artists in an amicable manner.
14. W celu ułatwienia Użytkownikom realizacji uprawnień wynikających z obowiązujących przepisów prawa oraz w dbałości o jakość i bezpieczeństwo świadczonych usług Galeria obejmuje patronatem postępowania reklamacyjne oraz inne procedury wynikające z uprawnień konsumentów.
15. In order to make it easier for the Users to exercise their rights resulting from the applicable provisions of law and in the care for the quality and security of the services provided, the Gallery covers the patronage of complaint proceedings and other procedures resulting from consumer rights.
16. The service provider makes it possible to submit a complaint and declarations of withdrawal from the contract via the form available on the Gallery website: https://artigravity.pl/en/return-form/. These data will be sent to the Seller.
17. The Artist is obliged to respect Users’ declarations submitted via the Gallery on a par with those submitted to him directly and to exercise particular diligence in complying with the applicable complaint procedures and deadlines for the User’s rights.
18. Regulations covering the implementation of Users’ rights through the Gallery do not violate consumer rights resulting from generally applicable provisions, which may be implemented with the assistance of the Gallery and on general principles.

§12
Technical requirements

1. In order to use the Gallery, it is required that the Artist has a computer or other terminal device that has access to the Internet.
2. To use the online store it is required to enable the handling of short text information called “cookies” (hereinafter: “cookies”). Disabling “cookies” prevents full use of the website.

§13
Final Provisions

1. Each Artist in the event of irregularities related to the functioning of the Gallery is entitled to report this fact by sending an e-mail to: kontakt@artigravity.pl
2. The Service Provider will respond to the received notification within no more than 14 days from the date of its receipt. The deadline may be extended if the notification requires unusual, special actions and arrangements on the part of the Service Provider or encounters objective obstacles that are independent and not caused by the Service Provider, or requires additional clarification from the person reporting the irregularity.
3. The Service Provider sends a response to the e-mail address provided in the application.
4. The Service Provider reserves the right to make changes to these Regulations, of which he will inform you immediately, within no less than 14 days before the changes are introduced, by email to the address provided at the Account registration indicating the entries that are subject to change.
5. In the event of a change in the Regulations, the Artist has the right to terminate the contract with the Service Provider with a 14-day period counted from the date of receipt of the information about the change. After the deadline for termination has expired, the new provisions of the regulations shall bind the Artist.
6. Until the changes come into force, the existing provisions of the regulations shall apply.

§14
Termination of cooperation

1. The Service Provider may terminate the cooperation with the Artist who violates the provisions of the Regulations.
2. In the event of incidental violation, the Service Provider may withdraw from the termination of cooperation after having obtained the explanations of the Artist. The explanations should be submitted within no more than 2 days from the Artist’s receipt of the call forwarded by the Service Provider to the email address indicated in the Account details.
3. The Service Provider has the right to terminate cooperation with the Artist whose Account remains inactive for more than a year. For lack of activity is understood, in particular, the lack of sales while not adding new jobs.
4. The service provider allows the possibility of temporary suspension of cooperation. Suspension of cooperation requires a separate agreement with the Artist. During the suspension period, the Account will remain inactive, unless the Service Provider and the Website Artist decide otherwise.
5. Accounts on which no Work has been added within 3 months of guaranteeing access may be removed without separate notifications.
6. The Service Provider and the Artist have the right to cease cooperation. Each party has the right to terminate the contract with a two-week notice period.
7. Suspension or termination of cooperation does not affect the obligations of the Service Provider and the Artist resulting from the purchase of the Works made in the period prior to the termination or suspension of cooperation.

§15
Principles of the Partnership Program

1. The Partnership Program consists in cooperation of the Artigravity Gallery with persons or companies dealing in architecture, interior design and decoration, related industries and other, hereinafter referred to as Partners.
2. Filling in the form “Join the ArtiGravity Partner Program” means acceptance of these Principles of the Partnership Program and is tantamount to starting cooperation within the Partnership Program.

USE OF WORKS IN ARCHITECTURAL VISUALIZATIONS

3. The Artistic web gallery as part of the Affiliate Program provides its Partners with the possibility of using smaller graphic files of the works of these Artists who have given their consent to it. These files can be used as an element of the interior design in architectural visualization for the purpose of presenting it to the client in the following fields of use:
   a) in the area of ​​recording and reproduction of the work using printing, reprographic technique (on leaflets, folders, posters and advertising brochures), magnetic recording and digital technique, including entering computers, servers
   b) in terms of distributing the work in a way other than specified in point a – public display, display and public release of the work, in particular on the website promoting the Partner’s activities
4. The condition for using the works on the above fields of exploitation is to put in a prominent place the name of the author of the work – Artist (or the name under which he sells his works in the Gallery) and the address of the artigravity.pl/en gallery, eg author of the work: Jan Kowalski, www.artigravity.pl/en
   and informing the Artigravity Gallery about the publication of materials with the work used (place and type of publication). At the same time, the Partners agree to use these materials together with the author of the visualization by the Gallery for promotional and marketing purposes.
5. It is not allowed to create materials or products intended for resale or distribution, in which the main value of the product is the graphic file used.
6. Each work covered by the Partnership Program has an annotation visible on the product page: “Consent for use by partners: YES”. The visibility of the work of the Affiliate Program can be enabled through a filter available in the left search bar and filters (it is available at the bottom under the name ArtiGravity Partners -> Show).
7. If you want to use a file with a higher resolution than those available in regular copying from the site, please contact us by email kontakt@artigravity.pl

OTHER FORMS OF COOPERATION

9. Partners may report willingness to publish descriptions and photos of the implementation or visualization of interior designs in the pages of our website (especially with the works from the ArtiGravity Gallery used). To do this, submit the materials for publication to the e-mail address: kontakt@artigravity.pl. Selected proposals will be placed with the Partner on the Gallery page in the “blog and inspiration” tab and will be promoted in the social media of the Gallery. By sending materials for publication, the Partners agree to their use by the Gallery for promotional and marketing purposes.